WPMS/999/2022
2022 Latest Caselaw 1966 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
          ON THE 4TH DAY OF JULY, 2022
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 999 of 2022

BETWEEN:

Roshan Lal.                                        ..........Petitioner
     (By Mr. Lokendra Dobhal & Mr. Prince Chauhan, Advocates)


AND:
Ramendra Prakash Singhal.                         ...Respondent
     (By Ms. Monika Pant, Advocate)



                         JUDGMENT

This is tenant's petition under Article 227 of the Constitution against the order dated 15.09.2021 passed by learned Judge, Small Causes Court/ Civil Judge (Senior Division), Kashipur, Udham Singh Nagar in S.C.C. Suit No. 1 of 2016. Petitioner has also challenged the judgment passed by learned Ist Additional District Judge, Kashipur, District Udham Singh Nagar on 16.04.2022 in Small Causes Court Revision No. 01 of 2021.

2. Learned counsel for the petitioner, on instruction from his client, made a statement that petitioner is ready to handover peaceful possession of the shop in question to the respondent, but a reasonable time be granted to him for the purpose.

3. Learned counsel for respondent submits that he has no objection, if some reasonable time is given to petitioner for vacating the shop in question.

4. Considering the submissions advanced by learned counsel for the parties, this Court thinks it appropriate to grant time till 31.01.2024 to the petitioner to vacate the shop in question, subject to following conditions:-

(I) Petitioner shall file an undertaking in the form of an affidavit before learned Trial Court within four weeks from today that he shall vacate the shop in question on or before 31.01.2024 and handover vacant and peaceful possession of the shop to respondent on 01.02.2024.

(II) Petitioner shall deposit the entire decreetal amount, if any, before learned Trial Court within four weeks from today, subject to adjustment of any amount already deposited by him.

(III) Petitioner shall pay Rs. 3,000/- per month as rent w.e.f. May, 2022 for use and occupation of the shop in question, on or before 7th day of each succeeding month till vacation of the shop.

(IV) Petitioner shall not induct any other person as tenant in the shop in question.

(V) Petitioner shall not cause any structural change in the shop in question, nor shall he cause damage to the building.

(VI) In the event of default of any of the aforesaid conditions, petitioner shall not be entitled to continue in the shop in question up to 31.01.2024 and landlord shall be at liberty to initiate execution proceedings for eviction of the petitioner.

5. With the above observation and directions, writ petition stands disposed of.

6. Interim order dated 11.05.2022 is vacated.

(MANOJ KUMAR TIWARI, J.) Navin